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Revocation of Tom Smiths License Upheld by Court CourtContinued Continued from Page One Oneicine icine was applied there was evidence from which his responsibility for the treatment could be found to have been established establishedThere There was substantial evidence before the administrative body that ephedrine had certain qualities as a stimulant that it also might affect the racing condition of a horse by increasing its respiratory ca ¬ pacity Expert opinion evidence contradic ¬ tory in view was received from both sides to the controversy concerning the possi ¬ bility of the dosage administered in this case acting as a stimulant particularly in view of its application Under the con ¬ trolling authorities we may not consider the weight of the evidence relating to this question Nor may we choose to believe one set of experts rather than the others If we could it might well be that we could arrive at a different conclusion from that arrived at by the board as to whether the evidence established any actual stimulation of the horse in question We find that a fair hearing was af ¬ forded the petitioner and that there was some substantial evidence to support the I finding made Accordingly the determina tion cannot be said to be arbitrary or capricious and we may not set it aside asideThe The petition for review seeks merely to annual the revocation of petitioners li ¬ cense by The Jockey Club and the affirma ¬ tion thereof by the Joint Board and to di ¬ rect the restoration of the license It does not seek review 2 the determination of the stewards of The Jockey Club denying the petitioner admission to and all privileges of race tracks under jurisdiction of said jockey club Accordingly we confirm the revocation of the license only with 50 costs and disbursements to the respond ¬ ents entsLast Last March Justice Morris Elder in the New York State Supreme Court denied Smith a stay of execution Smith then carried the case to the appellate division only to lose another and crushing decision When Smith was suspended Mrs Gra ¬ ham engaged Roy Waldron to train her stable He held the post but a short time being succeeded by Smiths son Jimmy
